Allahabad Court May 2007 Judgments
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Bal Kishan S/O Shri Mahendra Singh Vs. Zila Basic Shiksha Adhikari,
Court: Allahabad
Decided on: May-22-2007
Reported in: 2007(4)AWC4215
Vineet Saran, J.1. On the retirement of the then Head Master, a vacancy occurred on 30.6.2000 on the post of Head Master of the respondent-institution. The Committee of Management sought approval from the Basic Shiksha Adhikari on 18.8.2000 and thereafter advertised the vacancy in the local newspaper on 5.9.2000. On 11.9.2000, the Basic Shiksha Adhikari appointed the Distinct Inspector of School as his nominee in the selection committee. Pursuant to the advertisement, ten applications were received and the selection committee, consisting of the Manager of the institution, nominee of the Basic Shiksha Adhikar as well as the nominee of the Manager i.e. Treasurer participated in the selection process held on 17.9.2000, in which the petitioner was found most suitable. On 18.9.200 the Manager submitted the papers relating to the selection proceedings before the Basic Shiksha Adhikari recommending for appointment of petitioner as head Master, which was received in the office of the Basi' Shi...
Balbir Singh Son of Late Shri Salig Singh Vs. State of U.P. Through th ...
Court: Allahabad
Decided on: May-22-2007
Reported in: [2007(114)FLR563]
Vineet Saran, J.1. The petitioner was selected as a Sub Inspector in the Civil Police on 7.3.1974. By an order dated 7.2.2002 passed by the Deputy Inspector General of Police, Bareilly Range, Bareilly, the petitioner was compulsorily retired under Rule 56 (c) of the Fundamental Rules. Aggrieved by the said order, this writ petition has been filed. A further prayer has been made for issuance of a writ in the nature of mandamus commanding the respondents to permit the petitioner to work till completing the age of retirement and to pay him salary and other emoluments admissible to him.2. I have heard Sri R.P. Singh, learned Counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. Pleadings have been exchanged and with consent of the learned Counsel for the parties this writ petition is being disposed of at this stage.3. The submission of the learned Counsel for the petitioner is that the impugned order has been passed on extraneous considerations witho...
Chhotey Lal Shukla Since Deceased Santosh Kumar Shukla Alias Munna Son ...
Court: Allahabad
Decided on: May-22-2007
Reported in: 2007(4)AWC3495
S.U. Khan, J.1. Heard learned Counsel for the parties.2. This is tenant's writ petition arising out of suit for eviction filed by respondent No. 2 on the ground of default in payment of rent and denial of title. The property in dispute is a residential portion comprising of two rooms, veranda, court yard and chabootra on ground floor in house No. 119 /449 situate at Darshanpurwa, Kanpur Nagar. Rate of rent is Rs. 8.75 that is less than Rs. 9/- per month. The suit was registered as SCC suit No. 304 of 1988 on the file of JSCC (II), Kanpur Nagar.3. The previous landlord was Mannoo Lal Kedar Nath. There were income tax dues against him hence his house containing the portion in dispute was attached and sold by income tax authorities. The income tax authorities sold the portion in dispute to landlord-respondent No. 2 Ashok Kumar Raghubanshi through registered sale deed dated 4.10.1985. The trial court held that the sale deed dated 4.10.1985 was void as it was not proved by respondent No. 2 ...
Sitaram Son of Late Mewa Lal and ors. Vs. A.D.J. Ist and Naseem Ahmad ...
Court: Allahabad
Decided on: May-22-2007
Reported in: 2007(4)AWC3706
Prakash Krishna, J.1. This is an unfortunate litigation. The litigation has come to this Court second time. The petitioners of writ petition No. 68026 of 2006 and of writ petition No. 8129 of 2007 though lost up to the Apex Court have audacity to say before the trial court that the Judgment of the Apex Court which in turn confirmed the Judgment of the High Court is liable to be ignored and be treated as null and void as the orders were obtained by fraud without disclosing any particulars as to how the fraud has been committed.2. All the three writ petitions were heard together on the request made by the learned Counsel namely Shri Dhan Prakash Agrawal and Rajiv Sharma for the petitioners. The argument was advanced in the leading case being writ petition No. 68026 of 2006 which arises out of an ad interim injunction matter. It was agreed upon by the counsel for the parties that the fate of other writ petitions is dependant upon the outcome of the writ petition No. 68026 of 2006. The fac...
The Oriental Insurance Company Limited Through Divisional Manager Vs. ...
Court: Allahabad
Decided on: May-22-2007
Reported in: 2008ACJ2489
Amitava Lala, J.1. This appeal has been filed by the Insurance Company on the ground of contributory negligence, non-joinder of necessary parties and wrong fixation of quantum or compensation.2. Fact remains that on Agra-Delhi high way a Tanker and Tata Safari were coming from the same side. Suddenly the Tanker in question turned negligently from left to right side without giving any signal as a result thereof it collided with Tata Safari coming behind the Tanker from the same side. The deceased was a passenger of the Tata Safari.3. The Tribunal considered the cause of negligence on the basis of several judgements of the Hon'ble Supreme Court as well as of this Court and found that when the passenger died, due to collision of two vehicles, the nature of relief is composite one and the same can be claimed by the claimants from either of the vehicles.4. Apart from the above, we find that there is gross negligence on the part of the driver of the Tanker which has been insured by the Insur...
Shyam NaraIn Vs. Ram Singh
Court: Allahabad
Decided on: May-22-2007
Reported in: AIR2007All185
ORDERG.P. Srivastava, J.1. This is an appeal against the judgment and decree dated 19-8-1993 passed in O.S. No. 7 of 1992 Ram Singh v. Shyam Narain by Civil Judge, Ralaun at Orai whereby he decreed the suit of the plaintiff- respondent and directed the defendant appellant to execute the sale deed of the disputed land after obtaining the balance amount of sale consideration.2. The plaintiff - respondent had filed a suit for specific performance of the contract to sale in respect of a land Khata No. 262 Plot No. 138 452 measuring 0.98 decimal and 7 decimal respectively situate at village Deogaon, Pargana Coanch, District Jalaun. The case of the plaintiff- respondent in brief is that the defendant - appellant is a Bhumidhar of the disputed land. He has executed a registered agreement to sale of the disputed land on 2-2-1988 in favour of the plaintiff respondent at a consideration of Rs. 2 lacs. The sale deed was to be executed within two years. The defendant received a sum of Rs. 1,50,000...
Cit Vs. Willard India Ltd.
Court: Allahabad
Decided on: May-22-2007
Reported in: [2008]302ITR221(All)
ORDERR.K. Agrawal, J. 1. The Income Tax Appellate Tribunal, New Delhi, has referred the following questions of law under Section 256(1) of the Income Tax Act, 1961 Income Tax Act for opinion to this Court:R.A. No. 980/Delhi/96 (A.Y. 1984-85)1. Whether, on the facts and in the circumstances of the case, learned ITAT was legally correct in deleting the addition of Rs. 2,99,287 towards cessation of liability which is clearly chargeable to tax under Section 41(1) of Income Tax Act ?2. Whether, on the facts and in the circumstances of the case, learned ITAT was legally correct in deleting the addition of Rs. 1,77,953 made by the assessing officer under Section 40A(5) of Income Tax Act and holding that disallowance should be worked out in view of rule 3(c)(ii) of Income-tax Rules, 1962 ?R.A. No. 982/Delhi/96 (AY. 1986-87)1. Whether, on the facts and in the circumstances of the case. learned ITAT was legally correct in deleting the addition of Rs. 1,80,075 made by the assessing officer under ...
Moti Lal and ors. Vs. Ram Singh
Court: Allahabad
Decided on: May-22-2007
Reported in: 2008(4)AWC4113
S.P. Mehrotra, J.1. The case has been called out in the revised list.2. Learned Counsel for the parties are not present.3. The present second appeal has been by the defendants-appellants against the judgment and decree dated 2.9.1974 whereby the lower appellate court dismissed Civil Appeal No. 19 of 1974 filed by the defendants-appellants and confirmed the judgment and decree dated 30.11.1973 passed by the trial court whereby the suit of the plaintiff-respondent was partly decreed.It appears that the plaintiff-respondent filed a suit for injunction and damages against the defendants-appellants.4. It was, inter alia, stated by the plaintiff-respondent in the said suit that the plaintiff-respondent was sirdar-owner of plot Nos. 1464 and 1465 situated in the village Badanpur Berihar, Pargana Tirwa, Tehsil Kannauj; and that plot No. 1457 of the defendants-appellants was situate in the west of plot No. 1465 of the defendants-appellants; and that the plot of the defendants-appellants was som...
Sri Vishnu Kant Gupta S/O Late Sri Baidya Nath Prasad Vs. Official Liq ... Overruled
Court: Allahabad
Decided on: May-21-2007
Reported in: [2008]141CompCas249(All); [2008]83SCL174(All)
Sushil Harkauli, J.Facts:1. The facts relevant for deciding this appeal are that the company known as Champaran Sugar Company Limited went into liquidation on the recommendation of the B.I.F.R. In the winding up proceedings, the High Court invited separate tenders for sale of two units (factories) of the Company in liquidation. These two units are known as the Barachakia Unit and Chanpatia Unit. After opening of tenders, the Court negotiated the price with the prospective buyers, and by order dated 31-01-2001 the bid of the present appellant V.K. Gupta, being the highest offer of Rs. 5 Crore, was accepted by the Company Judge for the Barachakia unit.2. By another order dated 23.5.2001, the Company Judge accepted the highest offer of the present appellant V.K. Gupta (hereinafter referred to as 'the appellant' for short) for Rs. 2.01 Crore for the Chanpatia Unit. But that sale is the subject matter of another appeal. This appeal is not concerned with the Chanpatia Unit. It is concerned o...
United Provinces Sugar Company Limited Vs. State of U.P.,
Court: Allahabad
Decided on: May-21-2007
Reported in: [2007(114)FLR872]
Tarun Agarwala, J.1. The petitioner is a sugar factory engaged in the manufacture and sale of sugar by vacuum pan process and is aggrieved by the notification dated 15.7.1982 issued by the State government under Section 3(b) of the U.P. industrial Disputes Act as well as by the reference order issued by the State Government under Section 4-K of the U.P. Industrial Disputes Act. It transpires that the State Government issued a notification dated 15.7.1982 under Section 3(b) of the U.P. Industrial Disputes Act directing the employers not to retrench any worker and instead create a 'surplus pool' of workman and to fill up the vacancies from the 'surplus pool'. The order further contemplated that if, there was no person available in the surplus pool, the vacant post would be offered to the heirs of a retired workman or the heirs of a deceased workman. Based on the aforesaid notification which was valid till 31.12.1983, the Union raised a dispute before the Conciliation Officer praying for ...
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